Research On The Public Judicature

The public judicature or the judicature public is one of basic ideas in modern democracy and rule of law; an institutional arrangement. Its aim is to lay the judicial power under sunshine, and make all judgments verified and assessed, so as to realize a beneficial cycles from open to justice and then to public trust. From the foundation of the People’s Republic of China then on, the Chinese judicature had experienced a devious development. Recent years, under the powerful promotion of the Supreme People’s Court, such work is thought much of than ever before, and has shown wonderful development trend, and has had a lot of good practices. However, there are some problems in this field; especially there is uneven development, and poor fulfilling. From the basic theory of ensuring judicial power, right of action and democratic rights, the article discusses comprehensively the nature of the public judicature; summarizes the historical process and newest development of it; and examines in depth the basic contents of it and the exceptional application; and analyzes deeply the complicated relations between the public judicature and the mass media. The article proposes a public-service-oriented judicature system based on open and transparence.The article consists of 5 chapters and 19 sections, and has more than twenty hundred thousand Chinese characters. Its key points are as follows:Chapter 1 sets forth the outlines of the public judicature. Section one analyzes the differences between the public trial and the public judicature, and definitudes basic concepts and characteristics of the public judicature.Section two analyzes the progressive process of the public judicature, from the thoughts to principles and systems. The analysis begins with the germination of the public judicature. Section three sets forth the historical development of the public judicature in China, especially the detailed situations of the system construction at present.Chapter 2 focuses on the theoretical basis of the public judicature. The author considers that there should be well-rounded theoretical basis for every successful system.Section one expatiates the right to receive information. The author analyzes the basic concept of the right to receive information, the right’s nature in the human rights, the right’s law safeguard, the right’s legal boundary and the right’s establishment in China.Section three expounds the right to supervision. The contents include its basic concept, two main types, key values in system, and improvement of the right.Section four analyzes the safeguard functions of the public judicature. The author considers that it is the nature of implementing the public judicature to ensure judicature right, the litigation right and the democracy right.Chapter 3 explores the main body of the public judicature. The author considers that the public judicature system is a set of systems, it has been affirmed in the Constitution, and prescribed in different laws and acts, and its rules and regulation are established by the judicature organs.Sections one analyzes the principles of abiding by law, in time and overall according to the basic principle of "open is the principle and not open is the exception".Section two sets forth expounds the connotation and denotation of filing a case in public, trying in public, executing in public, hearing in public, opening the documents and trial affairs, as well as the key issues in practice and their resolutions, according to the Six Rules of Public judicature promulgated by the Supreme People’s Court.Section three illuminates the three basic manners of the public judicature, namely initiative public, public with application and open court session.Section four analyzes the current situations of the public judicature in China, and puts forward its safeguards and remedies. Chapter 4 analyzes. the exceptional circumstances of the public judicature. The author considers that there must be exception if only there is principle. Section one analyzes the cases not to be heard in public according to law, namely the cases involve State secrets, the cases involve private affairs of individuals, the cases involve crimes committed by minors.Section two analyzes the cases not to be heard in public according to judge’s discretion. Such cases include the cases of one of the parties provide they involve private affaires; the cases involve commercial secrets; the divorce cases; the mediatory cases; the cases that both the parties agree not to be heard in public. In dealing with these cases, the court shall decide if they are heard in public or not based on the opinions of the parties, common sense etc.Section three discusses the cognizance procedures of not to public trial cases. The author suggests that the temporary judicial protection system of commercial secrets should be established. The author also explores the methods to supervise the cases of not to public trial.Section four explores deeply the principle of secret deliberation of the collegial panel.Chapter 5 elaborates the relationship between the public judicature and the mass media. The author takes for that the public judicature must resort to the mass media; and the mass media is the significant channels of the public judicature. There will not the real and thorough public judicature without the involvement of the mass media.Section one states the functions of the mass media and the ways of the mass media driving the public judicature, and then highlights the basic norms of the relationships between judicature and the mass media.Section two discusses how to establish and improve the release systems of judicature news.Section three focuses on the TV coverage and live web casting of hot court trials.Considering some complicated circumstances involving the relationships between judicature and the mass media, section four emphasizes the statements of the participants in proceedings outside the court, and provides some suggested solutions.